The Montclair Times Editorial: The fluidity of NJ's liquor laws

Wikipedia observes that New Jersey’s laws governing liquor are "among the most complex in the United States, with many peculiarities not found in other states’ laws."

Regulations and restrictions governing New Jersey’s liquor licensing laws are not merely complex. They are convoluted and incomprehensibly contradictory.

As it grew, the United States was a nation steeped in alcohol. The brutality, accidents, and addiction and other diseases linked with alcohol abuse created the abolitionist movement that succeeded in a nationwide liquor ban from 1919 to 1933. During Prohibition, Montclair had several speakeasies, or illegal bars, "concealed" in basements and upper floors, where people would savor pseudo-Scotch and imbibe low-quality beer.

Post-Prohibition, our state imposed severe limits on the number of entities that could purvey alcoholic beverages. Why? Alcohol, for many people, will literally kill them. Alcohol is the most significant cause of fatal vehicular accidents. Whether in a dorm room or in a tavern, too much alcohol imbibed by some people can result in mayhem. Alcohol is linked to much domestic abuse.

Officially, municipalities are limited to one retail, or consumption, license per 3,000 residents. With about 38,000 residents, Montclair has 12 licenses for its several dozen restaurants and bars/pubs.

Contradrinktions

New Jersey’s restrictions on liquor licenses exemplify inconsistency. When Prohibition ceased, our state Legislature grandfathered in the plethora of pubs in many small towns, apparently convinced that grandsons and granddaughters in these tavern-teeming towns would not fall prey to alcohol’s evils.

Own a large-enough hotel, establish an eatery in a train station, stage nonprofit musical or theatrical performances in 1,000-seat venues, be a nonprofit with 60 voting members and operate a clubhouse, and — contradiction alert! — all of New Jersey’s multigenerational concerns to limit liquor consumption are null and void.

Some of these same institutions may sell you a Null and Void Punch Cocktail.

Raise a glass, lower a glass

Due to New Jersey’s alleged population-based limitation on consumption licenses, an available license in Montclair and many other municipalities often sells for several hundred thousand dollars.

Garden State politicians have long discussed ways to propagate more licenses. By selling dozens or hundreds of new consumption liquor licenses, the State of New Jersey could reap much revenue, as can municipalities such as Montclair. In recognition of legislative inertia, a statewide ballot initiative might be apropos to increase the number of liquor licenses, or enable municipalities to sell unused licenses to towns that covet more licenses.

For people who have invested their savings to obtain liquor licenses, a crop of additional licenses will diminish their documents’ value. If new licenses are created by New Jersey, should their price-tags reflect the retail value of existing licenses in each municipality?

Yet a liquor license’s cost in 2014 is beyond the reach of almost any owner/chef.

Even as discussions throughout the U.S. now focus on legalizing "recreational" marijuana, the increased ease of buying alcoholic beverages will exacerbate alcohol-related health, social, and law enforcement problems.

There are merits to more licenses, and there are consequences.

Montclair is acclaimed as a town with some of the metropolitan area’s finest restaurants. Some of its restaurateurs covet liquor licenses. Others are fine with inviting diners to "bring your own." Some owners don’t want alcohol of any ilk in their cafés.

The Montclair Times has initiated a series, "Spirits of Montclair, the Business of Booze," to delve into New Jersey liquor licenses’ restrictions and incongruities — and their impact on Montclair.